This post is authored by Fox Rothschild associate Henry Whitehead:

For marijuana businesses operating in California the rules are still very much in flux, as shown by a new set of regulations proposed by state regulators.  The state Department of Food and Agriculture, Department of Public Health, and Bureau of Cannabis Control (BCC) first

Jack Praetzellis writes:

Green California Vector IllustrationOn July 1, 2018, California’s Cannabis “transition period” ended for manufactured cannabis products (i.e., edibles).  All manufactured cannabis products must now meet California’s (very) specific labeling and packaging regulations.

California Cannabis Label SymbolAmong other things, the packaging must include THC and CBD content in milligrams along with the Cannabis “universal symbol” (and no, you

Green California Vector IllustrationIn an Alert published Thursday, Fox partner Tracy Gallegos and associate Lynnel Reyes examined new emergency regulations recently proposed by the California Department of Public Health to allow Type 6, 7, or N cannabis licensed manufacturers to register their facility as a “shared-use” facility. The regulations also provide for a new license, the Type S

Jack Praetzellis writes:

Green California Vector IllustrationCalifornia law requires all contracts to have a “lawful object”.  Previously, this posed a problem for contracts involving cannabis since cannabis-related contracts are largely unlawful under federal law.  On January 1, 2018, California enacted Civil Code Section 1550.5. That Code Section explicitly states that cannabis-related contracts have a lawful

Jack Praetzellis writes:

Sunset at Manhattan Beach and Pier in Southern California, Los Angeles.California Governor Jerry Brown signed an amendment to California Evidence Code Section 956 ominously known as the “crime-fraud exception”.  The newly-revised Code Section attempts to address the tension between state and federal law governing cannabis.

Under normal circumstances, California’s attorney-client privilege makes confidential communications among an attorney and a client exempt from

After California voted in favor of allowing the recreational use of marijuana, the entrepreneurial bug bit many California residents. Consequently, three licensing agencies were tasked with creating emergency cannabis regulations prior to the issuance of any commercial cannabis licenses.

Sunset at Manhattan Beach and Pier in Southern California, Los Angeles.The Bureau of Cannabis Control (BCC) licenses microbusinesses, distributors, testing laboratories, and retailers. The California Department

Cannabis business owners in California should take note if they are unaware that Proposition 65 applies to them.  Among other requirements, Proposition 65 (aka the Safe Drinking Water and Toxic Enforcement Act of 1986) requires that businesses refrain from knowingly and intentionally exposing individuals to any of the chemicals contained on a state-published list of

Michael Neville writes:

The White House, Washington D.C.
Copyright: pigprox / 123RF Stock Photo

On February 23, 2017, White House Press Secretary Sean Spicer stated that the public may see “greater enforcement” of federal cannabis laws and that the Trump Administrations sees a “big difference” between medical cannabis and recreational cannabis. Mr. Spicer’s comments have